B v B [2007] EWHC 594 (Fam) (21 March 2007)

B v B [2007] EWHC 594 (Fam) (21 March 2007)

The District Judge was entitled to disregard the husband's claimed liabilities and award the wife the UK assets to meet her and the children's needs, given the husband's ability to raise funds and his conduct; the costs order was justified by the husband's litigation conduct and did not require capping at the level of publicly funded costs.

Citation
[2007] EWHC 594 (Fam)
Parties
Petitioner: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
21 March 2007
Procedural Posture
Ancillary Relief Appeal (financial Remedy) / High Court Appeal From District Judge's Order
Outcome
Appeal dismissed
Legal Topics
Ancillary Relief, Financial Provision, Non Disclosure, Costs, Division of Assets, Capital Gains Tax Liability
Family Law Ancillary Relief Financial Provision Non Disclosure Costs Division of Assets Capital Gains Tax Liability

Case Brief

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Parties

B

Petitioner

B

Respondent

Procedural Posture

Ancillary Relief Appeal (financial Remedy) / High Court Appeal From District Judge's Order

Legal Issues

  1. 1 Whether the District Judge erred in failing to deduct the husband's US capital gains tax liability from the assets available for distribution
  2. 2 Whether the order for costs against the husband was justified

Ratio Decidendi

The District Judge was entitled to disregard the husband's claimed liabilities and award the wife the UK assets to meet her and the children's needs, given the husband's ability to raise funds and his conduct; the costs order was justified by the husband's litigation conduct and did not require capping at the level of publicly funded costs.

Court Disposition

Appeal dismissed

Orders

  • District Judge's order affirmed
  • No order on wife's application to admit further evidence